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Constitutional Law

Pepperdine University

Journal

Right to counsel

Articles 1 - 13 of 13

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The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek May 2013

The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek

Pepperdine Law Review

No abstract provided.


The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott May 2013

The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott

Pepperdine Law Review

No abstract provided.


Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro Apr 2013

Due Process In Unemployment Insurance Adjudication: Overview Of The Unemployment Insurance System, Frank J. Barbaro

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr. Apr 2013

Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


What Standard Should Be Used To Determine A Valid Juvenile Waiver?, Martin Levy, Stephen Skacevic Feb 2013

What Standard Should Be Used To Determine A Valid Juvenile Waiver?, Martin Levy, Stephen Skacevic

Pepperdine Law Review

No abstract provided.


Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark Feb 2013

Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark

Pepperdine Law Review

The landmark Supreme Court decision in In re Gault established, among other things, a juvenile's right to counsel in delinquency prosecutions. However, the decision left unanswered certain questions relating to the nature and scope of that right. In this article, the author examines whether or not Gault initiated a special due process right to counsel for juveniles apart from that body of sixth amendment law previously developed in criminal cases. Alternatively, he wonders whether Gault was meant to initiate a process of selective incorporation of the Bill of Rights into the juvenile justice system. The author critically analyzes the resulting …


United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr Feb 2013

United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr

Pepperdine Law Review

Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.


A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell Feb 2013

A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell

Pepperdine Law Review

No abstract provided.


The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan Jan 2013

The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan

Pepperdine Law Review

No abstract provided.


What Goes Around Comes Around-Nichols V. United States: Validating The Collateral Use Of Uncounseled Misdemeanor Convictions For The Purpose Of Sentence Enhancement, Andrea E. Joseph Oct 2012

What Goes Around Comes Around-Nichols V. United States: Validating The Collateral Use Of Uncounseled Misdemeanor Convictions For The Purpose Of Sentence Enhancement, Andrea E. Joseph

Pepperdine Law Review

No abstract provided.


Davis V. United States: "Maybe I Should Talk To A Lawyer" Means Maybe Miranda Is Unraveling, Tom Chen Oct 2012

Davis V. United States: "Maybe I Should Talk To A Lawyer" Means Maybe Miranda Is Unraveling, Tom Chen

Pepperdine Law Review

No abstract provided.


Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh Apr 2012

Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh

Pepperdine Law Review

No abstract provided.


The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg Mar 2012

The T-Rex Without Teeth: Evolving Strickland V. Washington And The Test For Ineffective Assistance Of Counsel, Robert R. Rigg

Pepperdine Law Review

In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact--a legal tyrannosaurus rex without teeth. In the last decade, by using American Bar Association (“ABA”) standards to evaluate counsel's performance, the Court has given the T-Rex some sizable incisors. The purposes of this article are to: (1) determine how frequently the United States Supreme Court uses ABA standards in its decisions and describe briefly for what purposes the Court uses those standards; …